Law: Constitution of Pakistan, 1973

Section: 175F(1)(c), 35

FEDERAL CONSTITUTIONAL COURT OF PAKISTAN (Appellate/Advisory/Original/Review Jurisdiction)        JUDGMENT ALI BAQAR NAJAFI, J.- Through this petition under Article 175-F(1)(c) of the Constitution of Islamic Republic of Pakistan, 1973 [the Constitution, 1973], leave to appeal is sought against the impugned order dated 16.03.2026 passed by the High Court of Sindh, Karachi [High Court], whereby, the High Court while disposing of CMA No.2420 and 9641 of 2024, recalled the order dated 25.01.2024 passed by it and the petitioner was directed to restore the custody of the minor to the respondent No.1, and if he had failed to bring the minor before the court, FIR be registered under the provision of abduction of child as depriving the mother of meeting with the minor son is violative of fundamental rights guaranteed to an individual and under Article 35 of the Constitution, 1973, since the family rights of the respondent No.1 had been violated. Besides, the Ministry of Foreign Affairs, Ministry of Interior, Government of Pakistan and Department of Human Rights Affairs of Pakistan were also directed that all measures be taken to ensure that minor be brought to the Court while sending copy of the order to the General Court of Justice District Court Division (State of North Carolina) where the matter was cognizable. However, the case was adjourned to 20.04.2026 but next order is not placed on record. Briefly, the facts giving rise to the filing of this petition are that petitioner is resident of State of Carolina, United State of America [USA] and is represented through his authorized attorney namely, Muhammad Abdullah. Javeria Shahani [respondent No.1], permanent resident of USA having permanent National Identity Card, though at present is residing in Pakistan. On 21.08.2017, both got married in USA, whereafter, they travelled to Pakistan for a wedding reception. In January, 2019, they were blessed with a minor, namely, Rohaan Faraz Sheikh who is a USA Citizen, having both USA Passport and a Nationality. The petitioner is also enjoying the status of a USA national. Unfortunately, couple separated on 02.10.2021, whereafter, the litigation started for…